LONDON — Britain’s High Court ruled Friday that the government’s decision to outlaw the protest group Palestine Action as a terrorist organization was unlawful, but it kept the ban in place pending another hearing while the government prepares an appeal.
Judges Victoria Sharp, Jonathan Swift and Karen Steyn said “the nature and scale of Palestine Action’s activities” did not meet the “level, scale and persistence” that would justify proscription.
The judges said they were “satisfied that the decision to proscribe Palestine Action was disproportionate.”
The government banned Palestine Action after activists broke into a Royal Air Force base in June to protest British military support for Israel’s military offensive against Hamas in Gaza, which killed tens of thousands of Palestinians.
The government declared the pro-Palestinian direct-action group a terrorist organization alongside the likes of al-Qaida and Hamas, making membership in or support for Palestine Action a crime punishable by up to 14 years in prison. Since then, more than 2,700 people have been arrested at protests for holding signs saying “I support Palestine Action.” More than 250 have been charged under the Terrorism Act.
Supporters of Palestine Action and civil liberties groups say the arrests for peaceful protest ride roughshod over free speech and the right to protest.
Palestine Action co-founder Huda Ammori said the decision “is a monumental victory both for our fundamental freedoms here in Britain and in the struggle for freedom for the Palestinian people, striking down a decision that will forever be remembered as one of the most extreme attacks on free speech in recent British history.”
Yasmine Ahmed, U.K. director of Human Rights Watch, called the court ruling “a shot in the arm for British democracy.” She said the British government had used antiterror legislation to stifle legitimate criticism of Israel.
Home Secretary Shabana Mahmood said she was “disappointed by the court’s decision and disagree with the notion that banning this terrorist organization is disproportionate.”
“The proscription does not prevent peaceful protest in support of the Palestinian cause, another point on which the court agrees,” she said, adding: “I intend to fight this judgment in the Court of Appeal.”
Palestine Action has carried out direct action protests at military and industrial sites in the U.K. since it formed in 2020, including breaking into facilities owned by Israeli weapons manufacturer Elbit Systems UK. Officials say the group’s actions have caused millions of pounds in damage that affect national security.
In their ruling, the judges said that while “a very small number of its actions have amounted to terrorist action ... regardless of proscription, the criminal law is available to prosecute those concerned.”
The justices said they would not quash the ban until a further hearing on whether it should stay in place “pending the possibility of an appeal.” They gave lawyers for the two sides until Feb. 20 to prepare for that hearing.
London’s Metropolitan Police force said that in light of the judgment, officers would not arrest people expressing support for Palestine Action, but would continue to gather evidence of offenses “to provide opportunities for enforcement at a later date.”
